Code: Section 263 BNS
Whoever, intentionally offers any resistance or illegal obstruction to the lawful
apprehension of any other person for an offence, or rescues or attempts to rescue any
other person from any custody in which that person is lawfully detained for an offence,—
(a) shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both; or
(b) if the person to be apprehended, or the person rescued or attempted to be
rescued, is charged with or liable to be apprehended for an offence punishable with
imprisonment for life or imprisonment for a term which may extend to ten years, shall
be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine; or
(c) if the person to be apprehended or rescued, or attempted to be rescued, is
charged with or liable to be apprehended for an offence punishable with death, shall
be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine; or
(d) if the person to be apprehended or rescued, or attempted to be rescued, is
liable under the sentence of a Court or by virtue of a commutation of such a sentence,
to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be
punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine; or
(e) if the person to be apprehended or rescued, or attempted to be rescued, is
under sentence of death, shall be punished with imprisonment for life or imprisonment
of either description for a term not exceeding ten years, and shall also be liable to
fine.
Explanation of Section 263 BNS
Section 263 of the Bharatiya Nyaya Sanhita (BNS) focuses on the offense of obstructing the lawful apprehension of another person. It criminalizes actions such as resisting police officers trying to arrest someone or attempting to rescue a person from lawful custody.
This section is crucial for maintaining public order, ensuring that law enforcement agencies can perform their duties without interference, especially when dealing with serious criminals.
Key Elements of the Offense
- Intentional Resistance or Obstruction:
- The person must intentionally resist or obstruct the lawful apprehension or custody of another person.
- Lawful Apprehension or Custody:
- The apprehension or custody must be legal and based on a valid offense.
- Types of Offenses and Punishments:
- (a) General offenses — up to 2 years imprisonment or fine or both.
- (b) Offense punishable with life imprisonment or up to 10 years — up to 3 years imprisonment + fine.
- (c) Offense punishable with death — up to 7 years imprisonment + fine.
- (d) Life sentence or imprisonment for 10+ years — up to 7 years imprisonment + fine.
- (e) Sentence of death — life imprisonment or up to 10 years imprisonment + fine.
Illustrations
Example 1: Resisting Arrest of a Criminal
A person physically intervenes when police are trying to arrest a murder suspect. This act of resistance is punishable under Section 263, with a higher penalty due to the severity of the crime involved.
Example 2: Attempting to Rescue a Prisoner
An individual breaks into a police station to free a convict who is under custody for a terrorism-related offense. This act of rescue would attract severe punishment under Section 263, especially if the offense is punishable by death.
Example 3: Obstructing Apprehension of a Person Charged with a Serious Crime
A person hides a fugitive wanted for terrorist activities from the police. This obstruction is punishable under Section 263 with imprisonment up to 7 years depending on the offense.
Common Questions and Answers on Section 263 BNS
1. What does “resistance or obstruction” mean?
- Answer: It refers to any act of actively opposing or hindering lawful police operations, such as fighting back, hiding a fugitive, or providing false information.
2. Is it an offense to help someone escape from police custody?
- Answer: Yes, even attempting to rescue someone from lawful custody is punishable under Section 263, with stricter penalties if the person is charged with a serious crime.
3. Does the severity of the original offense affect the punishment?
- Answer: Yes, the more serious the original offense (e.g., murder, terrorism), the harsher the punishment for obstructing apprehension.
4. Can a person be punished under Section 263 if the apprehension was unlawful?
- Answer: No, Section 263 applies only when the apprehension is lawful. If the apprehension was unlawful, the person may have grounds to resist without facing punishment under this section.
5. What is the maximum punishment under Section 263?
- Answer: The maximum punishment is up to 7 years imprisonment, plus a fine, depending on the offense being obstructed.
Conclusion
Section 263 of the Bharatiya Nyaya Sanhita (BNS) ensures that law enforcement officers can carry out their duties without interference, maintaining the rule of law and public order. It acts as a deterrent against individuals who might try to obstruct justice by resisting or aiding the escape of lawfully apprehended persons.
